ORANGE COUNTY RULES
for the Classified Service
Rules for the Administration of Civil Service Law in the
County of Orange
including Towns, Villages, School Districts, Special Districts and Libraries
Steven M. Gross
Commissioner of Human Resources
Amended: June 16, 2015
TABLE OF CONTENTS
Page
Purpose and Effect…………………………………………………..………………………….. 1
Rule
Rule
Rule
Rule
Rule
Rule
Rule
Rule
Rule
Rule
I
II
III
IV
V
VI
VII
VIII
IX
X
Definitions…………………………………………………………………………
Organization of the Department of Human Resources..……………….…….
Competitive Class………………………………………………………………..
Exempt Class……………………………………………………………………..
Non-Competitive Class…………………………………………………………..
Labor Class………………………………………………………………………..
Unclassified Service……………………………………………………………...
Recruitment of Personnel………………………………………………………..
Applications………………………………………………………………………..
Disqualification…………………………………………………………………….
2
3
3
3
3
4
4
4
5
5
Rule
XI
Rule XII
Rule XIII
Rule XIV
Rule XV
Rule XVI
Rule XVII
Rule XVIII
Rule XIX
Examinations……………………………………………………………………... 6
Eligible Lists………………………………………………………………………. 7
Certification……………………………………………………………………….. 8
Promotions………………………………………………………………………... 10
Probationary Term……………………………………………………………….. 10
Temporary Appointment from Eligible List……………………………………. 13
Emergency Defense and Trainee Appointments…………………………….. 14
Effect of Non-Permanent Appointment on Status of Employee……………….14
Transfers………………………………………………………………………….. 17
Rule XX
Rule XXI
Rule XXII
Rule XXIII
Rule XXIV
Rule XXV
Rule XXVI
Rule XXVII
Layoff of Competitive Class Employees………………………………………. 17
Reinstatement……………………………………………………………………. 21
Leave of Absence……………………………………………………………….. 23
Resignation………………………………………………………………………. 23
Reports of Appointing Officers…………………………………………………. 24
Certification of Payrolls…………………………………………………………. 25
Position Classification…………………………………………………………… 26
Prohibition Against Questions Eliciting Information………………………….. 28
Concerning Political Affiliation
Appendices
A.
B.
Exempt Class………………………………………………………………………………. 29
Non-Competitive Class……………………………………………………………………. 34
C.
D.
E.
Labor Class…………………………………………………………………………………. 46
Unclassified Service……………………………………………………………………….. 47
Emergency Defense Positions…………………………………………………….……… 49
RULES FOR THE CLASSIFIED CIVIL SERVICE OF
ORANGE COUNTY
Purpose and Effect
It is hereby declared to be the purpose of these rules to provide an orderly and uniform system
for the administration of civil service in Orange County on a basis of merit and fitness as
provided in the Civil Service Law of the State of New York. These rules have the force and
effect of law, and apply to all positions in the classified service of Orange County as well as
the towns, villages, school districts, and special districts therein. These rules may be
amended by the Commissioner of Human Resources after public hearing and subject to the
approval of the State Civil Service Commission.
1
RULE I
Definitions
Unless otherwise expressly stated or unless the context or subject matter requires a different
meaning, the several terms hereinafter mentioned, whenever used in these rules, shall be
construed as follows:
1.
"Commissioner of Human Resources" means that person appointed by the County
Executive under the terms of the Orange County Charter and approved by the Orange
County Legislature to direct the Department of Human Resources of said county.
2.
"Employee" means the incumbent of a position holding the position in accordance with
these rules and the Civil Service Law.
3.
"Position" means an office or employment involving an aggregation of duties to be
performed and responsibilities to be exercised by one person.
4.
"Compensation" means the remuneration of a position and shall include food, lodging,
maintenance and commutation when the same is furnished.
5.
"Eligible List" means an official record kept in the office of the Commissioner of Human
Resources as a public record which contains the names of those persons who have
successfully completed examinations, listed and ranked in order of their final ratings from
the highest to the lowest rank.
6.
"Part-Time Employment" means any employment or a combination of one or more
employments in a civil division in which an individual works a total of fifty percent or less
of the time prescribed as a standard work week by the governing body or other
appropriate authority of the civil division or wherein the employee earns not more than
one half (1/2) of the rate assigned to the position if the position has been allocated to a
graded salary schedule.
7.
"Transfer" means the change, without further examination, of a permanent employee
from a position under the jurisdiction of one appointing authority to a similar position
under the jurisdiction of another appointing authority, or to a position in a different title
under the jurisdiction of the same appointing authority.
8.
"Reassignment" means the change, without further examination, of a permanent
employee from one position to another similar position under the jurisdiction of the same
appointing authority.
9.
"Municipality" means county, town, village, school district, or special district.
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RULE II
Organization of the Department of Human Resources
The Orange County Department of Human Resources shall be under the supervision of a
Commissioner of Human Resources. Such Commissioner of Human Resources shall be
appointed by the County Executive with the approval of the County Legislature. The
Commissioner of Human Resources shall have all the power and duties of a Municipal Civil
Service Commission as provided in Civil Service Law.
RULE III
Competitive Class
The competitive class shall include all positions for which it is practicable to determine the
merit and fitness of applicants by competitive examination, and shall include all positions now
existing or hereafter created or whatever functions, designations or compensation in each and
every branch of the classified service, except such positions as are listed as being in the
exempt class, the non-competitive class or the labor class in the Appendices of these rules.
RULE IV
Exempt Class
1.
Positions in the exempt class are those for which competitive or non-competitive
examinations or other qualification requirements are not practicable.
2.
Positions in the exempt class shall be listed in Appendix A of these rules and made a part
hereof.
RULE V
Non-Competitive Class
1.
A position in the non-competitive class may be filled by the appointment of a person who
meets the minimum qualifications established for such position by the Commissioner of
Human Resources. A nomination for such an appointment shall state the qualifications of
the nominee and shall be filed by the appointing authority with the Commissioner of
Human Resources. Such appointment shall become effective only after approval by the
Commissioner of Human Resources.
2.
Positions in the non-competitive class shall be listed in Appendix B of these Rules and
made a part hereof.
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RULE VI
Labor Class
1.
The labor class shall include unskilled laborers.
2.
A position in the labor class may be filled by the appointment of any person selected by
the appointing officer of the agency where a vacancy exists, and the Commissioner of
Human Resources may require applicants for employment in the labor class to qualify in
such tests of their fitness for employment as may be deemed practicable.
3.
Positions in the labor class shall be listed in Appendix C of these rules and made part
hereof.
RULE VII
Unclassified Service
Positions in the unclassified service shall be listed in Appendix D of these rules and made a
part hereof as though set forth in full herein.
RULE VIII
Recruitment of Personnel
1.
Residence requirements for municipal positions.
a. An applicant at the time of examination need not be a resident of the municipality in
which appointment is to be made.
b. When preference in certification is given to residents of a municipality pursuant to
subdivision 4-a. of Section 23, Civil Service Law, an eligible must have been a
resident of such municipality prior to date of examination to be included in a
certification as a resident of such municipality and must be a resident of such
municipality at the time of appointment.
2.
Announcements of examination.
The public announcement of an examination shall specify the application fee, if any, the
title, the duties of the position, the minimum qualifications required, the final date for filing
applications, the subjects or scope of the examination and the relative weights thereof,
and the date of the examination. Public notice of open-competitive examinations shall be
made at least twenty-five days before the date of the examination and must be
conspicuously posted in a public place for fifteen days. The last day for filing applications
shall be at least ten days before the date of the examination.
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RULE IX
Applications
1.
Applications of candidates for positions in the competitive, non-competitive, and labor
classes must be addressed to the Commissioner of Human Resources, Orange County
Government Center, Goshen, New York. Applications nominating individuals for
appointment must be approved by the Commissioner of Human Resources before
employment commences.
2.
The Commissioner of Human Resources shall notify each applicant for competitive
examination of the disposition of their application. Approved applicants for examination
shall be given notice of their approval at least four days before the examination by mail
to the address stated in the application. The burden of establishing qualifications to the
satisfaction of the Commissioner of Human Resources shall be upon the applicant.
3.
Appointing Officer may see application restrictions. A Candidate's application for
examination may be exhibited, upon request, to the appointing officer to whom his name
is certified or to his representative provided, however, that information therein relating to
the candidate's age or national origin or indicating whether his citizenship is by birth or
naturalization shall not be divulged. Before a candidate's application for examination is
exhibited to the appointing officer or his representative, all reference therein to the
candidate's age or national origin or to the basis of his citizenship shall be concealed.
RULE X
Disqualification
1.
Good moral character and habits and a satisfactory reputation shall be requirements for
appointment to any position subject to these rules. Any applicant who is found to lack
such requirements shall be disqualified for examination, or after examination, for
certification and appointment.
2.
A record of disrespect for the requirements and processes of law, including repeated
traffic offenses or disregard of summonses for traffic offenses, may be grounds for
disqualification for examination or, after examination, for certification and appointment.
3.
The burden of establishing qualifications to the satisfaction of the Commissioner of
Human Resources shall be upon the applicant. Any applicant who refuses to permit the
Commissioner of Human Resources to investigate matters necessary for the verification
of his qualifications or who otherwise hampers, impedes or fails to cooperate with the
Commissioner of Human Resources in such investigation shall be disqualified for
examination or after examination, for certification and appointment.
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RULE XI
Examinations
1. For examinations prepared and rated by the State Civil Service Department, the
provisions of the rules and regulations of the State Civil Service Commission and
Department shall govern the rating of examinations, the review of examination papers
by candidates and the filing of appeals. The State Civil Service Commission shall have
sole and exclusive authority to correct any errors in rating upon appeal or otherwise.
2. For examinations prepared and/or rated by the Orange County Commissioner of
Human Resources, the Commissioner of Human Resources shall adopt a system to
conceal the identity of the candidates' papers in a written examination until such written
examination has been rated.
a. Rating keys shall be prepared for each examination held. Such keys shall be a
permanent part of the record of each examination. The marking of an examination
shall be made on the scale of 100, with 70 the passing score. The Commission may,
after the announcement of an examination is made, subdivide the written examination
into parts and require a passing mark of 70 in each of the parts in order that
candidates be considered further for eligibility. Notice of such arrangements shall be
given in the instructions of the written examination.
b. Applications and examination records and papers of candidates shall be preserved in
accordance with the policies of the State Commissioner of Education and the State
Civil Service Commission. Whenever an oral examination shall be prescribed as part
of an examination, every effort shall be made to insure that a stenographic or
recording device record of all the questions and answers be made a part of the
examination records.
c. Every candidate in an examination shall be notified in writing of their final rating.
Except for continuous recruitment examination, they shall also, if successful, be
notified of their relative position on any eligible list established as a result of the
examination.
d. Any candidate receiving such notice may request the Commissioner of Human
Resources conduct a computational review of their examination papers provided
they make such request, in writing, within ten (10) days of the date of the postmark
of such notice. There shall be no review of examination papers for examinations
rated by the Commissioner of Human Resources or those held on a continuous
recruitment basis other than for a computational check of the candidate's answers
against the key answers; nor shall there be reviews of practical or performance
examinations.
e. A candidate who wishes to appeal to the Commissioner of Human Resources
regarding their rating in one, or more, or all of the subjects of an examination must
submit such appeal, in writing, within twenty (20) days from the date of computational
review. Such appeal must show that a manifest error was made in the original rating.
Such appeal shall be considered as opening all of the candidate's papers for review,
whether resulting in a higher or lower standing. No change in rating shall be made as
a result of an appeal unless it shall affect the candidate's relative position on the
eligible list.
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3. The Commissioner of Human Resources may at any time during the life of an eligible
list, pursuant to the provisions of this subdivision, correct any clerical or computational
errors in the rating of candidates who compete in the examination. Any changes in an
eligible list pursuant to this rule shall not affect the status of any person previously
appointed from such eligible list.
4. In order to prevent the unauthorized publication and dissemination of examination
material, the following acts are prohibited except as authorized by the Commissioner of
Human Resources.
a. No person shall copy, record or transcribe any examination question or answer; or
remove from the examination room or possess outside the examination room, any
question sheet, answer sheet or booklet, scrap papers, notes or any other papers or
materials relating to such examination.
b. A candidate in an examination shall not at any time communicate with an examiner
concerning the conduct or content of such examination; and shall not directly or
indirectly communicate to any other person information concerning the content of
such examination until completion of the testing of all candidates.
c. No examiner, proctor or other person charged with the supervision of a candidate or
group of candidates during an examination shall have authority to waive the
provisions of this subdivision.
5. Any person who is found by the Commissioner of Human Resources to have violated
the provisions of this subdivision or any similar provision of the rules of any other civil
service jurisdiction within the State of New York may be disqualified from appointment
to the position for which the examination is being held and may be disqualified from
being a candidate for any civil service examination for a period of five years.
RULE XII
Eligible Lists
1.
Every candidate who attains a passing mark in an examination as a whole and who
meets the standards prescribed, if any, for separate subjects or parts of subjects of the
examination shall be eligible for appointment to the position for which he was examined
and his name shall be entered on the eligible list in the order of his final rating; but if two
or more eligibles receive the same final rating in the examination, they shall be ranked in
accordance with such uniform impartial procedure as may be prescribed therefore by the
Commissioner of Human Resources.
2.
The date of the establishment of a list shall be the date fixed therefore by the
Commissioner of Human Resources, and shall be entered on such list. The duration of
all eligible lists shall be fixed by the Commissioner of Human Resources prior to the
establishment of such lists, but shall not be less than one nor more than four years. The
date of establishment of a list and its duration shall be given to all successful candidates
at the time when notice of standing on the eligible list is given to such candidates.
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Where the duration of an eligible list is fixed at less than four years, the Commissioner of
Human Resources may, by resolution, prior to the expiration date of such list, extend the
duration of the list up to the maximum limitation of four years, provided that eligibles on
such list are notified in writing of the extension of the eligible list.
3.
Eligible lists shall be open to public inspection at the office of the Commissioner of Human
Resources. The names of persons who failed to receive a passing grade on the
examination shall not be disclosed to the public.
4.
The Commissioner of Human Resources shall have power in his discretion to correct any
error and amend any eligible list where it appears that an error has been made. The
Commissioner of Human Resources shall have power to revoke any eligible list where the
provisions of these rules were not properly or sufficiently carried out; provided, however,
that an eligible list shall not be revoked except after notice and an opportunity to be heard
has been given to all persons whose names appear thereon. The reason for such action
shall be recorded in the office of the Commissioner of Human Resources and reported to
the State Civil Service Commission.
RULE XIII
Certification
1.
The Commissioner of Human Resources shall determine the eligible list most nearly
appropriate for the position to be filled, and shall certify to the appointing authority a
sufficient number of eligibles from which selection for appointment may be made. When
the name of an eligible is included in a certification for appointment, the names of all other
eligibles on the list having the same final rating as such eligible shall likewise be included
in such certification.
2.
A certification issued by the Commissioner of Human Resources to an appointing officer
shall be valid for a period of sixty days from the date of issuance unless extended by the
Commissioner of Human Resources. The Commissioner of Human Resources may, for
good cause shown, extend the certification for up to an additional period of 60 days
provided there has been no change in the ranking or composition of eligibles in the range
from which the appointment is made. After the expiration of such period, no appointment
shall be made except from a new certification.
3.
When an eligible is canvassed for appointment or is offered appointment in writing and
fails to state his or her willingness to accept such appointment within seven business
days after the mailing of such canvass or offer, he or she may be considered ineligible
for appointment and restricted from further certification from such eligible list. Thereafter,
the eligible may request that their name be restored to active status on such list,
provided the list is still in existence. Restoration to active status on such list is not
automatic and the decision to restore active status rests solely with the Commissioner of
Human Resources.
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4.
The name of the person declining appointment shall be eliminated from further
certification from the eligible list unless declination is for one or more of the following
reasons: (a) Insufficiency of compensation; (b) Location of employment; (c) Temporary
inability; physical or otherwise, which must be satisfactorily explained by the eligible in
writing; (d) or other reasons satisfactory to the Commissioner of Human Resources. The
Commissioner of Human Resources shall enter upon the eligible list the reasons for
his/her action in such cases.
5.
Except as otherwise provided herein, appointment or promotion to a position in the
competitive class shall be made by the selection of a person on the most nearly
appropriate eligible list who is willing to accept such appointment and whose final rating in
the examination is equal to or higher than the rating of the third highest ranking eligible on
the list indicating willingness to accept such appointment. The term "ranking" as used
herein refers to the order in which the names of eligibles appear on the eligible list as
provided in rule twelve.
6.
Whenever a vacancy exists in a position in the competitive class and an open competitive
examination duly advertised results in three or fewer approved applicants for the
examination, the appointing officer may nominate to the Commissioner of Human
Resources one of the applicants who may be certified for appointment to fill the vacancy
without further examination, provided that he has already qualified in an examination of
equivalent character within the last four years from the date of nomination.
7.
Wherever one or more eligibles shall have declined any appointment offered and an
eligible, whose relative standing is lower and who was reachable on the certification only
because of the aforesaid declination, shall have been appointed to the position, the salary
or compensation of such appointee shall not be increased, except by a service or a class
wide increase, within a period of six months after his appointment beyond that offered to
the persons so declining.
8.
When a vacancy exists in a permanent competitive class position and a permanent
competitive class candidate in direct line of promotion, at the next lower level position, is
nominated for non-competitive promotion examination in accordance with Section 52 (7)
of Civil Service Law, the Commissioner of Human Resources may determine that the
examination that shall be appropriate for such non-competitive promotion may consist of
a review of the candidate's training and experience at the time of nomination.
If the Commissioner of Human Resources determines the candidate's training and
experience meets or exceeds the open-competitive qualifications for the position, the
candidate shall be certified as eligible for appointment to the promotional position; such
appointment shall require successful completion of a probationary term as prescribed in
these Rules.
9.
Whenever a vacancy exists in a position in the competitive class and an examination
duly advertised results in three or fewer approved applicants, and the announced
minimum qualifications for the position include a requirement of possession of a license
or certificate issued by the State of New York, the Commissioner of Human Resources
may waive the examination and certify for appointment to the appointing authority the
names of such qualified applicants, provided, however, that such applicants have been
licensed or certified by the State of New York.
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RULE XIV
Promotions
1. In order to be eligible to participate in a promotion examination or to be promoted a
candidate must have been employed on a permanent basis in a lower grade, either in
direct line of promotion or in a related or collateral line of promotion as determined by
the Commissioner of Human Resources. The Commissioner of Human Resources shall
determine the minimum period of such service for eligibility to enter a promotion
examination, and may also prescribe a minimum period of such service as a
qualification for promotion from the resulting eligible list.
2.
Any person who is nominated for non-competitive examination for promotion to a position
and who fails to pass two successive examinations for such promotion shall not thereafter
be eligible for employment in such position, except by appointment or promotion from an
eligible list established following competitive examination.
3.
Promotion examinations for non-competitive class employees shall, in addition to the
requirements of Civil Service Law, Section 52 (12), require that applicants shall have
been employed in a full-time position at a salary level less than that assigned the position
for which promotion examination is to be held.
RULE XV
Probationary Term
1.
Probationary Term
Except as herein otherwise provided, every permanent or contingent permanent appointment
from an open-competitive eligible list and every appointment to a position in the noncompetitive, exempt or labor class shall be subject to a probationary term of not less than
eight nor more than fifty-two weeks.
a. Every permanent or contingent-permanent appointment from a promotional eligible list
resulting from departmental or interdepartmental examination and every appointment of a
permanent employee to a higher grade position in the non-competitive, exempt or labor
class within the same department or agency shall be subject to a probationary term of not
less than eight nor more than twenty-six weeks.
b. Every permanent appointment to a trainee position in which an appointee is required to
serve a specified training period shall be subject to a probationary term of not less than
eight nor more than fifty-two weeks.
c. Every permanent or contingent-permanent appointment to the position of Police Officer
and Deputy Sheriff shall be subject to a probationary term of not less than eight nor more
than seventy-eight weeks.
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d. Every transfer from one position to another position under the jurisdiction of the same
appointing authority of a civil division shall be subject to a probationary term of not less
than eight nor more than twenty-six weeks. The appointing authority may elect to waive
the probationary term by written notification to the transferee and the Commissioner of
Human Resources.
e. Every transfer from a position under the jurisdiction of one appointing authority of a civil
division to a position under the jurisdiction of a different appointing authority in the same
civil division shall be subject to a probationary term of not less than eight nor more than
twenty-six weeks. The appointing authority having jurisdiction over the position to which
transfer is sought, may elect to waive the probationary term by written notification to the
transferee and the Commissioner of Human Resources.
f. Every transfer from a position in one civil division to a position in another civil division
shall be subject to a probationary term of not less than eight nor more than twenty-six
weeks.
The Commissioner of Human Resources shall advise the prospective
transferee, in writing, prior to approval of the transfer that a probationary term is required
and must be successfully completed to obtain permanent status in the position to which
transfer is sought. The prospective transferee shall be advised that it is their
responsibility to request a leave of absence from the releasing agency. Unless the
prospective transferee obtains a leave of absence, the releasing agency is not required to
hold a position to return to should the probationary period not be successfully completed.
The appointing authority having jurisdiction over the position to which transfer is sought,
may elect to waive the probationary term by written notification to the transferee and the
Commissioner of Human Resources.
An appointment shall become permanent upon the retention of the probationer after
completion of the maximum period of service or upon earlier written notice following
completion of the minimum period of service that the probationary term has been
successfully completed. A copy of such notice shall be sent to the Commissioner of Human
Resources. If the conduct or performance of a probationer is not satisfactory, employment
may be terminated at any time after the completion of the minimum period of service, and on
or before completion of the maximum period of service in the manner as prescribed in these
rules.
2.
Restoration to Permanent Position
a. When a permanent competitive or non-competitive class employee is promoted from a
departmental or interdepartmental eligible list resulting from promotional examination or
transferred to another competitive class position in which they are required to serve a
probationary term, the position thus vacated by them shall not be filled, except on a
temporary or contingent permanent basis.
b. When a permanent competitive, non-competitive, exempt or labor class employee is
promoted to a non-competitive, exempt or labor class position or accepts an original
appointment within the same department or agency and they are required to serve a
probationary term, the position thus vacated by them shall not be filled, except on a
temporary or contingent permanent basis.
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c.
When a permanent employee is appointed from an open competitive eligible list to a
position in the same department or agency and they are required to serve a probationary
term, the position thus vacated by them shall not be filled except on a temporary or
contingent permanent basis.
d. At any time during such probationary term the employee shall have the right to return to
their previous position at their own election. If the conduct or performance of the
probationer is not satisfactory, they shall be restored to their former permanent position at
the end of their probationary term.
3.
Absence During Probationary Term
Any periods of authorized or unauthorized absence aggregating up to ten work days during
the probationary term, may, in the discretion of the appointing authority, be counted as time
served in the probationary term. Any such periods of absence in excess of an aggregate of
ten work days shall not be counted as time served in the probationary term. The minimum
and maximum periods of the probationary term of any employee shall be extended by the
number of work days of his absence which, pursuant to this section, are not considered as
time served in the probationary term.
4.
Report on Probationer's Service
The probationer's supervisor shall carefully observe their conduct and performance and, at
least two weeks prior to the end of the probationary term, shall report thereon in writing to the
proper appointing authority. The supervisor shall also, from time to time during the
probationary term, advise the probationer of their status and progress. A probationer whose
services are to be terminated for unsatisfactory service shall receive written notice at least
one week prior to such termination and, upon request, shall be granted an interview with the
appointing authority or his representative.
5.
Restoration to Eligible List
A probationer whose employment is terminated or who resigns before the end of the
probationary term may request their name be restored to the eligible list from which they
were appointed, provided such list is still in existence. Their name may be restored to such
list if the Commissioner of Human Resources, in his/her discretion, determines that the
probationer should be given another opportunity for appointment.
6.
Temporary, Provisional or Contingent-Permanent Service in Higher Level Position
When an employee who has not completed their probationary term is appointed on a
temporary, contingent-permanent or provisional basis to a higher level position, the period of
temporary, contingent-permanent or provisional services rendered by such employee in such
higher level position may, in the discretion of the appointing authority, be considered as
satisfactory probationary service in the lower position and may be counted as such in
determining the satisfactory completion of such probationary term. At any time after the
expiration of the minimum period of the probationary term, or the entire probationary term if it
be one fixed duration, the appointing authority shall, on request of such probationer, furnish a
decision in writing as to whether or not service in such higher level position shall be
considered as satisfactory probationary service. In the event of an adverse decision by the
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appointing authority, such probationer, at their request, shall be returned to their lower
position for sufficient time to permit them to complete the probationary term. The
employment of such a probationer in the lower position shall not be terminated at the end of
their probationary term on account of unsatisfactory service unless they shall have actually
served in such position, in the aggregate, at least the minimum period specified for such
probationary term or the entire probationary term if it be one of fixed duration.
7.
Removal During Probationary Term
Nothing contained in this rule shall be construed to limit or otherwise affect the authority of an
appointing authority pursuant to section seventy-five of the Civil Service Law, or applicable
negotiated disciplinary procedures, at any time during the probationary term, to remove a
probationer for incompetency or misconduct.
8.
Reinstatement
a. An employee who is reinstated to a position after a separation of more than one year,
either in their former jurisdiction or in another jurisdiction, shall serve a new probationary
period in the same manner and subject to the same requirements as apply upon an
original appointment to such position.
b. An employee who is reinstated to a position after a separation of less than one year in
an agency other than the one in which they formerly served, shall serve a new
probationary term in the same manner and subject to the same requirements as
applied upon an original appointment to such position.
9.
Extended Probationary Term for Police Officers and Deputy Sheriffs
Notwithstanding any other provisions of these rules, the appointment or promotion of a Police
Officer or Deputy Sheriff shall not become permanent unless and until they have satisfied
such requirements as may be applicable to them under section two hundred nine-q of the
general municipal law. If a Police Officer or Deputy Sheriff is promoted to a higher rank for
which they have met all requirements of eligibility for permanent promotion except training
requirements applicable under section two hundred nine-q of the general municipal law, they
shall be deemed to be on leave of absence from the lower rank position from which they
were promoted pending completion of such training. During such period, such lower rank
position may not be filled except on a temporary or contingent-permanent basis. In the event
of their failure to complete such training successfully within the time allowed therefore, they
shall be restored to such lower rank position.
RULE XVI
Temporary Appointment from Eligible List
When a temporary appointment to a permanently encumbered position is made from an
eligible list and the temporary appointee is at the time of such appointment reachable on such
eligible list he shall, at such time that the permanent incumbency is vacated, be eligible for
permanent appointment to the same position or another position in the same class
notwithstanding the fact that the eligible list on which his name originally appeared may have
expired.
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RULE XVII
Emergency Defense and Trainee Appointments
1.
Emergency defense appointments
a.
Any position in a civil defense agency or any position created in a governmental agency
to perform civil defense or other national emergency functions, which is unique and
peculiar to civil defense or national emergency activities and which is not comparable to
any regular, standard position in the classified civil service, may be designated, with the
consent of the Commissioner of Human Resources and upon the approval of the State
Civil Service Commission, as an emergency defense position. No position involving
conventional and stable duties of the nature of those performed in the regular and normal
function of civil government, or having as a counterpart a position in any regular,
established department or agency or civil government, shall be designated as an
emergency defense position. An emergency defense position may be filled on a
temporary basis for a period not to extend beyond the duration of the New York State
Emergency Defense Act. Appointments to such positions shall be designated as
emergency defense appointments. All positions designated as emergency defense
positions shall be listed in Appendix E of these rules and made a part hereof as though
set forth in full herein.
b.
Any permanent employee who, with the consent of his appointing officer, accepts an
emergency defense appointment under this subdivision shall be granted a leave of
absence from his permanent position until the termination of such appointment.
2.
Trainee appointments
The Commissioner of Human Resources may require that permanent appointments or
promotions to designated positions shall be conditioned upon the satisfactory completion of a
term of service as a trainee in such position or in an appropriate, lower training title or the
completion of specified training or academic courses, or both. The period of such term of
training service shall be prescribed by the Commissioner of Human Resources. Upon the
satisfactory completion of such training term, and of specified courses if required, an
appointee shall be entitled to full permanent status in the position for which appointment was
made. Any appointment hereunder shall be subject to such probationary period as is
prescribed in these rules. Also, the employment of such person may be discontinued if his
conduct, capacity or fitness is not satisfactory, or at any time if he fails to pursue or continue
satisfactorily such training or academic courses as may be required.
RULE XVIII
Effect of Non-Permanent Appointment on Status of Employee
1.
Effect of temporary appointment on eligibility for permanent appointment
The acceptance by an eligible of a temporary appointment shall not affect his standing on the
eligible list for a permanent appointment, nor shall the period of temporary service be counted
as part of the probationary service in the event of subsequent permanent appointment.
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2.
Provisional appointment of permanent employee
When a permanent employee is given a provisional, contingent-permanent or temporary
appointment to a competitive class position in the same department or agency, the position
thus vacated by them shall only be filled on a temporary or contingent permanent basis until
the position is unencumbered by the permanent incumbent. A provisional, contingentpermanent or temporary appointee may return to their permanent position at any time by
providing written notice to the appointing authority requesting to be returned to such
permanent position. The appointing authority shall return such appointee to their permanent
position within fifteen days of receipt of such written notice.
3.
Successive provisional appointment
a. No provisional employee who has refused to take an examination held for permanent
appointment shall be given another provisional appointment in the same position.
b. No provisional employee who has twice failed an examination for permanent appointment
shall be given another provisional appointment in the same position provided, however,
where an examination fails to produce any qualified eligibles, or where an eligible list is
depleted of all eligibles immediately following its establishment, such employee, at the
discretion of the appointing authority, may subject to the approval of the Commissioner of
Human Resources be given a third and final provisional appointment in the same position.
4. An open-competitive, promotion or preferred eligible list shall not be certified for filling a
permanent, competitive class vacancy created by reclassification of a permanently
encumbered competitive class position if appointment or promotion from such list would
require the layoff of a permanent competitive class employee; but this provision shall not
apply if the incumbent whose position was reclassified, following such reclassification,
either refused to take an examination for such reclassified position or failed to qualify for
appointment, examination or promotion to the reclassified position.
5.
Contingent permanent appointments
(a) When an encumbered position is left temporarily vacant by the absence of the
permanent incumbent, the position may be filled, at the discretion of the appointing
authority, by a contingent permanent appointment through the use of an open-competitive
or promotion eligible list. Any person appointed on a contingent permanent basis shall
have all the rights and benefits of a permanent competitive class employee subject to the
following limitations:
(i) Probationary period: All appointments under this rule shall be required to complete
the probationary period for original appointment or promotion as prescribed in these rules.
(ii) Return of Incumbents: In the event of layoff or the permanent incumbent returns to
his/her position, persons holding positions on a contingent permanent basis shall be
displaced before any persons holding permanent status in the same title regardless of
total seniority. In the event more than one position in the same title is held by persons
having contingent permanent appointment, displacement among those persons shall be
based on the inverse order of their contingent permanent appointments.
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(iii) Preferred List: Upon displacement, if the contingent permanent appointee was
made from a promotion eligible list, he/she shall be restored to his/her permanent
position and have their name placed on a preferred eligible list for certification as a
mandatory list only to the department or agency in which the contingent permanent
appointment was made. If the contingent permanent appointee was appointed from an
open-competitive eligible list and does not have a permanent position to return to,
he/she shall have their name placed on a preferred eligible list for certification as a
mandatory list in the civil division in which the contingent permanent appointment was
made.
(iv) Seniority: When a contingent permanent appointment matures into a permanent
appointment, the date of permanent service shall be the date of the original contingent
permanent appointment.
(v) Promotion: When a permanent competitive class employee accepts a contingent
permanent appointment, the position vacated by such employee shall not be filled except
on a temporary or contingent permanent basis until the contingent permanent
appointment matures into a permanent appointment.
(b) All positions filled on a contingent-permanent basis shall be canvassed as
"permanent-contingent permanent." A summary of this rule will be included in the
Information and Instructions Notice.
(c) Appointments to contingent permanent positions shall be made by selection of one of
the top three candidates on an appropriate eligible list willing to accept a contingent
permanent appointment; there will be no re-canvassing of the eligible list in the event the
contingent permanent position becomes unencumbered. Acceptance of a contingent
permanent appointment will remove the person's name from the eligible list for any future
contingent permanent or permanent vacancies.
(d) If a permanent vacancy becomes available in the same title in the department or
agency in which a contingent permanent appointment has been made, contingent
permanent appointees shall be offered reassignment, prior to canvassing for a permanent
appointment from an appropriate eligible list or prior to appointing a temporary or
provisional to the positions.
(e) When a position filled by a contingent permanent appointee becomes unencumbered,
the contingent permanent appointee in that position shall immediately gain permanent
competitive class status in the class if the required probationary period as prescribed in
this rule has been satisfactorily completed.
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RULE XIX
Transfers
1.
Transfer of Eligibility for Permanent Appointment
Upon the written request of an individual and the prospective appointing authority, and subject
to the approval of the Commissioner of Human Resources, any individual serving in a
competitive class position as a permanent appointee may be permanently appointed to
another competitive class position subject to these rules without further competitive
examination, provided:
a. There is no preferred list appropriate for filling the position to which appointment is sought
containing the name of an eligible willing to accept appointment; and
b. There is no departmental promotion list for the position to which appointment is sought
containing the names of three or more eligibles willing to accept appointment; and
c.
(1.)
The Commissioner of Human Resources determines that the examinations' scopes
and qualifications for the positions held and to which appointment is sought are
identical; or
(2.)
When the examinations' scopes and qualifications are not identical, the New York
State Department of Civil Service has determined that the examination for the
position held involved or would involve essential tests and qualifications the same
as or greater than those of the position to which appointment is sought; and
d. The Commissioner of Human Resources has determined that such appointment is for
the good of the service.
RULE XX
Layoff of Competitive Class Employees
1.
For the purpose of this Rule the following terms shall mean:
a. Direct line of promotion shall be strictly construed in that in order to be considered as
direct line all titles must have the same generic root.
b. Next lower occupied title shall mean the title in direct line of promotion immediately
below the title from which the incumbent is suspended or demoted, unless no one is
serving in that title in that layoff unit, in which case it shall be the closest lower title in
direct line of promotion in that layoff unit in which one or more persons do serve.
c. Layoff unit shall mean each department of a County, City, Town, Village, each School
District and each Special District. Authorities and community colleges shall be deemed
to be separate civil divisions.
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d. Satisfactory service shall mean service by an employee during which he did not receive
an "Unsatisfactory" performance rating and was not found guilty of misconduct or
incompetency pursuant to Section 75 of the Civil Service Law which resulted in the
imposition of any of the following penalties upon such employee:
(i)
(ii)
(iii)
dismissal from the service, or
suspension without pay for a period exceeding one month, or
demotion in grade and title.
e. (i)
Permanent Service shall start on the date of the incumbent's original
appointment on a permanent basis in the classified service, however, in the case of
disabled veterans, the date of original permanent appointment is considered to be 60
months earlier than the actual date, while non-disabled veterans are considered to
have been appointed 30 months earlier than their actual date of appointment. For the
purposes of this Rule the definition of what constitutes a veteran or disabled veteran is
contained in Section 85 of the Civil Service Law.
(ii) A resignation followed by a reinstatement or reappointment more than one year
subsequent to the resignation constitutes a break in service. The original appointment
date is to be determined from the date of re-employment, the prior service would not
count.
(iii) Temporary or provisional service preceding the original permanent appointment
does not count.
However, temporary or provisional employment immediately
preceded and followed by permanent classified service employment does not interrupt
continuous service.
(iv) The permanent service of any employee who was transferred from another civil
division shall start on the date of his original permanent appointment in the classified
service in the other civil division.
(v) If an employee was covered-in to a classified position upon acquisition by a civil
division of an agency in which he was employed, his seniority begins on the effective
date of the cover-in. As between that employee and others covered-in on the same
date, they shall have the seniority held by them as among themselves in the agency
before the cover-in.
2.
Suspension
a. When an occupied position in the competitive class is abolished, suspension is to be
made from among those employees holding the same title in the same layoff unit as the
abolished position.
b. Among permanent employees, the order of suspension is the inverse of the order of
their original permanent appointments in the classified service. See above definition of
permanent service for veterans and disabled veterans. An exception to this rule is that
the blind have absolute retention rights but only in their job status.
c. A blind person may not back-date his permanent service if he also happens to be either
a veteran or disabled veteran.
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d. A person is considered blind if he is so certified by the Commission for the Visually
Handicapped of the New York State Social Services Department.
e. When two or more permanent incumbents of positions in a specific title are suspended,
demoted or displaced at the same time, the order in which they shall be entitled to
displace shall be determined by their respective retention standing, with those having
the greater retention standing entitled to displace first.
f. When several employees were originally appointed on a permanent basis on the
same date, their retention rights shall be determined by their rank on the eligible list
from which they were appointed; that person having the highest rank having greater
retention rights over those having lower ranks.
g. All temporary, provisional and contingent permanent employees occupying these
positions must be let go before any permanent employee is suspended from such
positions.
h. Probationary employees occupying such positions in the same title, must also be
suspended before any permanent employee in the layoff unit in that title who has
completed his probationary period. Probationary employees do, however, have
superior retention rights to those of contingent permanent, temporary and provisional
employees.
i. The order of suspension among probationary employees shall follow the same
principles as that among permanent employees.
3.
Vertical bumping
a. Vertical bumping occurs when an employee in a specific title to which there is a direct
line of promotion, who is himself suspended or displaced, displaces an employee in the
next lower occupied title in direct line of promotion in the same layoff unit having the
least seniority if the employee who seeks to displace has greater retention standing.
b. Where the layoff involves more than one position in a title, the order of displacement
will be the inverse of the order of suspension. That is, the most senior of the
suspended employees will be the first to displace. This shall apply to both vertical
bumping and retreat.
c. If an employee refuses to displace a junior incumbent he must be laid off. This,
however, does not protect the junior incumbent from being compared in retention
standing with other incumbents if other positions at the higher level are being
abolished.
d. When a next lower title has been occupied by means of displacement regardless of
when the displacement into the title has occurred, it is considered to be occupied for
further displacement purposes; however a next lower title which has all of its positions
abolished at the same time as positions are abolished at the higher level cannot be
considered as occupied. A title which is occupied by an incumbent, temporary,
provisional, contingent permanent, probationary or permanent is considered occupied
for the purposes of his section.
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4.
Retreat
a. Retreat occurs when and only when there is no lower occupied position in direct line of
promotion at any level.
b. An employee may retreat by displacing the incumbent with the least retention right who
is serving in a position in the title in which the displacing incumbent last served on a
permanent basis prior to service in the title from which he is currently suspended or
displaced. Retreat may only occur where the position in the title formerly held by the
displacing incumbent is occupied in the competitive class, in the same layoff unit, and
at a lower salary grade; the services of the displacing incumbent while in the former title
must have been satisfactory, and the junior incumbent must have less retention
standing than the displacing incumbent.
c. The service of the displacing incumbent in the title to which he is retreating need not
have been in the same layoff unit as the one from which he is displaced.
d. An employee may also displace by retreat to a position in a title he last served on a
permanent basis although he had intervening service in other titles as long as his
service in each of the intervening titles was on other than a permanent basis. He may
also displace by retreat to a position which does not count in the computation of his
continuous service.
e. Where a title change has been effected to better describe the duties of a position but
the duties have not substantially changed since the suspended employee last served in
that title the new title will for retreat purposes be deemed to be the former title.
5.
An employee who refuses to accept an appointment afforded by displacement for
whatever reason waives all rights regarding the displacement, however, this employee's
name will be entered on an appropriate preferred list.
6.
Preferred list standing for competitive class employees on and after October 1, 1972 shall
be as follows:
a. On and after October 1, 1972 those employees whose positions were abolished prior to
that date and who therefore had their standing on the preferred list determined by the
date of their original appointment on a permanent basis in the competitive class shall
retain among themselves such preferred list standing including the preferences to
which they were entitled as blind, disabled veterans, and non-disabled veterans.
b. Blind employees whose positions are abolished on or after October 1, 1972 shall have
their preferred list standing determined by the date of their original appointment on a
permanent basis in the classified service, whether or not they are also disabled
veterans or non-disabled veterans; provided however, that the blind shall be granted
absolute preference on the preferred list over all other employees except those
disabled veterans and blind employees whose positions were abolished prior to
October 1, 1972 with whose names theirs shall be interfiled.
20
c. Disabled veterans whose positions are abolished on or after October 1, 1972 shall have
their preferred list standing determined by the date of their original appointment on a
permanent basis in the classified service provided however, that the date of such
original appointment shall be deemed to be 60 months earlier than the actual date,
determined in accordance with Section 30 of the General Construction Law.
d. Non-disabled veterans whose positions are abolished on or after October 1, 1972 shall
have their preferred list standing determined by the date of their original appointment
on a permanent basis in the classified service; provided however, that the date of such
original appointment shall be deemed to be 30 months earlier than the actual date,
determined in accordance with Section 30 of the General Construction Law.
e. Non-veterans whose positions are abolished on or after October 1, 1972 shall have
their preferred list standing determined by the date of their original appointment on a
permanent basis in the classified service.
f. The names of all persons encompassed by paragraphs c, d, and e above whose
positions are abolished on or after October 1, 1972 shall be inter-filed on the preferred
list with the names of all non-veterans whose positions were abolished prior to October
1, 1972.
7.
Any appointing authority may take such steps as it may deem necessary in order to
secure binding written commitments in advance of suspension, demotion or displacement
from employees potentially affected by such suspension, demotion or displacement as to
their willingness to accept reassignment or displacement.
RULE XXI
Reinstatement
1.
Reinstatement following resignation
A permanent competitive class employee who has resigned may be reinstated without
further examination to the position from which he/she resigned, if then vacant, or in any
position to which the employee was eligible for transfer or reassignment. An employee
who is laid off shall be eligible for reinstatement in the same manner as an employee
who had resigned.
All reinstatements are subject to the following terms and conditions:
1. The prospective appointing authority must request approval from the Commission/
Personnel Officer to reinstate an individual.
2. A reinstatement may not be approved to a position for which a preferred list exists
containing the name of an eligible willing to accept appointment.
3. With the exception of an employee who is being reinstated to his/her former position
within one year from resignation, a reinstatement may not be approved to a position
for which a promotion eligible list exists containing the names of three or more
eligibles willing to accept appointment.
21
4. The Commission/Personnel Officer shall determine if the reinstatement is for the
good of the services.
Reinstatement following a break in service of more than one year must also satisfy the
following additional condition:
1. The appointing authority must provide documentation or explanation that
demonstrates to the satisfaction of the Commission/Personnel Officer that the
individual requested to be reinstated possesses current knowledge and skill in the
occupational field to which reinstatement is sought.
2. If the position to which reinstatement is sought requires successful completion of
medical and/or physical agility tests for original appointment, the individual being
reinstated must satisfy these criteria prior to reinstatement.
3. Time spent in active service in the military or naval forces of the United States or of
the State of New York, or any time served in another position in the civil service of
the same municipality shall not be counted in computing the one year period within
which a person may be reinstated after resignation.
2.
Refusal or failure to accept reinstatement from preferred list
a. Relinquishment of eligibility for reinstatement. The failure or refusal of a person on a
preferred list, after reasonable notice, to accept reinstatement therefrom to his former
position, or any similar position in the same salary grade for which such list is
certified, shall be deemed to be a relinquishment of his eligibility for reinstatement,
and his name shall thereupon be stricken from such preferred list. The name of such
person may be restored to such preferred list, and certified to fill such appropriate
vacancies as may thereafter occur, only upon the request of such person and his
submission of reasons satisfactory to the Commissioner of Human Resources for his
previous failure or refusal to accept reinstatement.
b. Effect of refusal to accept reinstatement to lower grade position. A person on a
preferred list shall not be deemed to relinquish his eligibility for reinstatement
therefrom by reason of his failure or refusal to accept reinstatement to a position in a
lower salary grade than the position from which he was suspended or demoted. The
name of such person may be withheld from further certification for reinstatement to a
position in the same or a lower salary grade than the position to which he failed or
refused to accept reinstatement.
c. Restoration to eligibility for reinstatement not to affect previous appointments. The
restoration of the name of a person to a preferred list, or his restoration to eligibility for
certification therefrom to positions in a lower salary grade than his former position,
shall not invalidate or in any manner adversely affect any appointment, promotion,
reinstatement or demotion previously made to any position to which such person
would otherwise have been eligible for reinstatement from such preferred list.
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RULE XXII
Leave of Absence
1.
A leave of absence without pay, not to exceed one year, may be granted to an employee
by an appointing officer. Notice of such leave of absence shall be given to the
Commissioner of Human Resources. Where a leave of absence without pay has been
granted for a period which aggregates one year, a further leave of absence without pay
shall not be granted unless the employee returns to his position and serves continuously
therein for three months immediately preceding the subsequent leave of absence. Notice
of such subsequent leave of absence shall also be given to the Commissioner of Human
Resources. Absence on leave for more than one year shall be deemed the equivalent of
a resignation from the service upon the date of commencement of such absence, except
as provided in subdivision 2 of this rule.
2.
In an exceptional case, the Commissioner of Human Resources may for good cause
shown waive the provisions of this rule to permit an extension of the leave of absence for
an additional one year period. In no case may such leave of absence exceed in
aggregate two years from the date of commencement of the leave.
3.
A leave of absence without pay, not to exceed four years, shall be granted by an
appointing officer to an employee who is a veteran of the armed forces of the United
States provided the leave of absence is for the purpose of taking advantage of
educational benefits provided for in title 38 of the U.S. Code or under a New York State
Board of Regents War Service Scholarship. An employee taking such a leave shall be
reinstated to his position, provided he makes application for such reinstatement within
sixty days after the termination of his course of study.
4.
Whenever an employee is to be terminated under Section 73 of the Civil Service Law
following a leave of absence occasioned by ordinary disability, or under Section 71
following exhaustion or termination of Workers' Compensation leave, he/she must be
afforded an opportunity for a hearing to contest the decision before such termination is to
take effect.
RULE XXIII
Resignation
1.
Resignation in writing
Except as otherwise provided herein, every resignation shall be in writing.
2.
Effective date
If no effective date is specified in a resignation, it shall take effect upon delivery to or filing in
the office of the appointing authority. If an effective date is specified in a resignation, it shall
take effect on such specified date. However, if a resignation is submitted while the employee
is on leave of absence without pay, such resignation, for the purpose of determining eligibility
for reinstatement, shall be deemed to be effective as of the date of the commencement of
such absence.
23
Notwithstanding the provisions of this section, when charges of incompetency or misconduct
have been or are about to be filed against an employee, the appointing authority may elect to
disregard a resignation filed by such employee and to prosecute such charges; and, in the
event that such employee is found guilty of such charges and dismissed from the service, his
termination shall be recorded as a dismissal rather than as a resignation.
3.
Withdrawal or amendment
A resignation may not be withdrawn, cancelled or amended after it is delivered to the
appointing authority without the consent of the appointing authority.
4.
Voluntary demotion of permanent employee
An employee who voluntarily elects to relinquish his/her permanent status to a position and
accept a demotion, must deliver a statement of relinquishment to the appointing authority.
Upon receipt of the statement of relinquishment by the appointing authority, the employee may
be reinstated to any vacant lower salary level position for which he is eligible for such
reinstatement as provided in these rules. Such statement of relinquishment shall not take
effect until the employee is reinstated to the lower level position.
5.
Unauthorized absence from work for five work days or more
An employee who is on an unauthorized absence from work for five (5) work days or more will
be considered to be discharged from his/her position. Before the discharge becomes
effective, the employee is entitled to receive notice of such discharge and any benefits
conferred by Sections 75 and/or 76 of Civil Service Law. In order to exercise those rights, the
employee must notify the Commissioner of Human Resources within eight (8) calendar days
of receipt of the notice advising the employee that the County has deemed him/her
discharged.
RULE XXIV
Reports of Appointing Officers
For the purpose of certification of payrolls and to enable the Department of Human Resources
to keep an official roster of the classified service as required by law, each appointing officer,
from time to time, and upon the date of the official action in each case, shall report to the
Commissioner of Human Resources as follows:
a. Every appointment or employment whether probationary, temporary or otherwise, in the
classified service, with the date of commencement of service and the title and
compensation of the position.
b. Every failure to accept an appointment under him by a person eligible therefore, with
copies of the offer or notice of appointment and the reply thereto, if any.
c.
Every discharge during or at the end of probationary term with the date therefore.
d.
Every vacancy in a position, for whatever reason with the date thereof.
e.
Every position abolished, with the date of such abolition.
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f.
Every change of compensation in a position, with the date thereof.
g. Every promotion, giving positions from which and to which made, with the salaries and
date thereof.
h. Every transfer giving the positions from which and to which made, with the date and
salaries thereof.
i.
Every reinstatement in a position, with the date and salary thereof.
j.
Every leave of absence, with the date and duration thereof.
k.
Every new position, giving a complete description of the duties thereof.
RULE XXV
Certification of Payrolls
1. Certification required prior to payment
(a) No person shall receive salary or compensation until the Commissioner of Human
Resources has certified his or her employment to be in compliance with the provisions
of the Civil Service Law or these Rules.
(b) The Commissioner of Human Resources shall not certify the names of any person
employed in a manner that does not comply with the provisions of the Civil Service
Law or these Rules.
2. Extended Certification
(a) The Commissioner of Human Resources may certify the employment of a person for a
limited or extended period. No further certification shall be necessary for the payment
of salary or compensation to such person as long as his or her status, title, and salary
grade remain unchanged during the period of the certification granted.
(b) The Commissioner of Human Resources shall require certification of the first full
payroll of the fiscal year for every civil division under his jurisdiction except school
districts. The Commissioner of Human Resources shall certify the first full payroll of
every school district under his jurisdiction in October every calendar year.
(c) The Commissioner of Human Resources may, at any time, require any civil division
under his jurisdiction to submit payrolls or accounts for certification in accordance with
§100(1) of the Civil Service Law.
(d) Annual certifications provided by the Commissioner of Human Resources shall be
valid for a period of no more than 12 months following the scheduled date of
certification established in these Rules. Certifications provided at any other time
during the year shall be valid for a period not to exceed the next scheduled certification
established in these Rules.
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3. Refusal or termination of certification
(a) The Commissioner of Human Resources shall investigate any discrepancies between
the payroll and the official roster and any other instances where the Commissioner of
Human Resources finds the employment of a person may be in violation of the law or
these Rules.
(b) In any case where the Commissioner of Human Resources finds satisfactory evidence
that the employment of a person is in violation of law or these Rules, or the
Commissioner of Human Resources finds satisfactory evidence of intent to evade the
provisions of law or these Rules in regard to the employment of any person, the
Commissioner of Human Resources shall refuse certification or terminate a
certification previously made and then in force.
(c) Any refusal, termination, or revocation of a certification of any person shall be
communicated in writing to the appropriate fiscal or disbursing officer.
RULE XXVI
Position Classification
1.
Definitions. For the purpose of this rule the following definitions shall apply.
a. "Class" means one or more positions sufficiently similar with respect to duties and
responsibilities to be designated by a single descriptive title and treated as a unit for
the purpose of recruiting, examinations, salary and administering other personnel
functions.
b. "Class title" means the designation given under these rules to a class and to each
position allocated to such class.
c. "Job classification specification" means a formal written statement of the class which
defines the general character and scope of the duties and responsibilities of positions
in the class, lists typical work activities, enumerates knowledges, skills, abilities and
personal characteristics required for successful full performance of the work, states
required minimum qualifications and indicates any special requirement of the class.
d. "Allocation" means the assignment of a position to an appropriate class as determined
by the duties, responsibilities and minimum qualification requirements of the position.
e. Reclassification" means the re-allocation of a position from one class to another
because of a permanent and material change of the duties of that position.
2.
Powers and duties. The Commissioner of Human Resources shall have power and duty
to:
a. Classify and reclassify all positions in the civil service of all civil divisions under his
jurisdiction.
b. Prepare and maintain job classification specifications for each class of positions in the
competitive, non-competitive and labor jurisdictional classes and establish appropriate
minimum qualifications for each class.
26
c. Investigate all matters affecting the classification and reclassification of all positions
and from time to time review the duties, responsibilities and qualification requirements
of all positions under his jurisdiction and to make revisions in the classification of
positions.
3.
Classification of Vacant Positions. When a position has or is about to become vacant, the
appointing officer, if deemed necessary by the Commissioner of Human Resources, may
be required to file a detailed description of the duties and responsibilities of the position
and a statement of suggested minimum entrance qualifications of the position with the
Commissioner of Human Resources. After an analysis of the detailed description of
duties and responsibilities, the Commissioner of Human Resources shall allocate the
position to an appropriate class, or, if no appropriate class exists, shall create a new class
and prepare a class specification for such position including a statement of appropriate
minimum qualifications.
4.
Classification of New Position. When a new position is to be created, the appointing
officer shall file a detailed description of the duties and responsibilities of the position and
a statement of suggested minimum entrance qualifications for the position with the
Commissioner of Human Resources, prior to creating the position. After an analysis of
the detailed description of duties and responsibilities, the Commissioner of Human
Resources shall allocate the position to an appropriate class, or if no appropriate class
exists, shall create a new class and prepare a class specification for such new class
including a statement of appropriate minimum qualifications.
5.
Reclassification of Positions. Either:
a. The Commissioner of Human Resources may, upon his own initiative, review the
duties and responsibilities and qualification requirements of any position under his
jurisdiction. Appointing authorities and employees in positions under review shall be
required to complete a detailed description of the duties and responsibilities of the
positions and provide such other information as determined necessary by the
Commissioner of Human Resources. After an analysis of the detailed description of
the duties and responsibilities, the Commissioner of Human Resources shall allocate
the position to an appropriate class, or if no appropriate class exists, shall create a
new class and prepare a class specification for such position including a statement of
appropriate minimum qualifications.
b. Whenever a permanent and material change is made in the duties and responsibilities
of any position, the appointing authority shall file a detailed description of the duties
and responsibilities of the position with the Commissioner of Human Resources. After
an analysis of the duties and responsibilities of the position, the Commissioner of
Human Resources shall allocate the position to an appropriate class, or if no
appropriate class exists, shall create a new class and prepare a class specification for
such position including a statement of appropriate minimum qualifications.
c. Any employee in the classified service may apply to the Commissioner of Human
Resources for a position reclassification. Such application shall include a detailed
description of the duties and responsibilities of the position since the last
determination with respect to its classification. After an analysis of the duties and
responsibilities of the position, the Commissioner of Human Resources shall allocate
the position to an appropriate class, or if no appropriate class exists, shall create a
new class and prepare a class specification for such position including a statement of
appropriate minimum qualifications.
27
6.
Notice and Appeals. The Commissioner of Human Resources shall give reasonable
notice of any proposal or application for a change in classification to the appointing
authority and to the employee or employees affected thereby. Any person desiring to
submit facts orally or in writing in connection with the reclassification of any position shall
be afforded reasonable opportunity to do so. The Commissioner of Human Resources
shall then determine the proper allocation of the position.
No employee, either by classification or reclassification, change of title or otherwise shall be
promoted, demoted, transferred, suspended or reinstated except in accordance with the
provisions of the Civil Service Law and these rules.
RULE XXVII
Prohibition Against Questions Eliciting Information Concerning Political Affiliation
No question in any examination or application or other proceeding by the Commissioner of
Human Resources or their examiners shall be so framed as to elicit information concerning,
nor shall another attempt be made to ascertain the political opinions or affiliations of any
applicant, competitor or eligible and all disclosures thereof shall be discountenanced by the
Commissioner of Human Resources and its examiners. No discrimination shall be exercised,
threatened or promised against or in favor of any applicant, competitor or eligible because of
his political opinions or affiliation.
28
Appendix A
Positions in the Exempt Class
County Service:
In the Office of Community Development:
Director of Community Development
In the Office of the County Clerk:
Deputy County Clerk (2)
In the County Executive's Office:
Assistant to County Executive (2)
Budget Director
Confidential Secretary to County Executive
Deputy County Executive
Director of Operations & Cost Control
Economic Development Zone Director
Executive Secretary & Administrative Assistant
Staff Assistant
In the Office of the District Attorney:
Assistant District Attorney I (12)
Assistant District Attorney II (21)
Assistant District Attorney III (15)
Assistant District Attorney IV (16)
Chief Assistant District Attorney
Chief Criminal Investigator (2)
Chief Trial Assistant District Attorney
Confidential Secretary to District Attorney
Executive Assistant District Attorney (2)
Senior Assistant District Attorney (9)
In the Department of Emergency Services:
Deputy Commissioner of Emergency Services/Division of Emergency Communications
Deputy Commissioner of Emergency Services/Division of Emergency Management
In the Department of Finance:
Deputy Commissioner of Finance
In the Health Department:
Deputy Commissioner of Health (2)
In the Department of Human Resources:
Deputy Commissioner of Employee Relations
Deputy Commissioner of Human Resources
*Indicates Part-Time
29
Appendix A - Positions in the Exempt Class (continued)
In the Human Rights Commission:
Executive Director, Orange County Human Rights Commission
In the Department of Law:
Assistant County Attorney (13)
Chief Assistant County Attorney
Confidential Secretary to County Attorney
County Attorney
Senior Assistant County Attorney (9)
In the Department of Mental Health:
Deputy Commissioner of Mental Health
In the Department of Parks, Recreation and Conservation:
Deputy Commissioner of Parks, Recreations and Conservation
In the Department of Planning:
Deputy Commissioner of Planning
In the Department of Public Works:
Deputy Commissioner of Public Works – Division of Engineering
Deputy Commissioner of Public Works – Division of Environmental Facilities
Deputy Commissioner for Infrastructure Services
In the Department of Residential Health Care Services:
Deputy Commissioner of Residential Health Care Services
In the Sheriff’s Department:
Chief Criminal Investigator (1)
Confidential Secretary to the Sheriff
Undersheriff
Orange County Community College Service:
Secretary to the President
*Indicates Part-Time
30
Appendix A - Positions in the Exempt Class (continued)
Town Service:
In all the offices and departments where the following positions exist:
Budget Officer
Clerk or Secretary or Bookkeeper to Supervisor
Clerk to Town Justice (one per each elected judicial officer)
Confidential Secretary to the Town Superintendent of Highways (where the Town has an
elected Town Superintendent of Highways)
Deputy Highway Superintendent
Deputy Receiver of Taxes and Assessments
Deputy Supervisor
Secretary to Planning Board
Town Attorney
In the Town of Blooming Grove:
Administrator
Deputy Court Clerk
Deputy Receiver of Taxes and Assessments (2)
Deputy Town Clerk (2)
Town Comptroller
In the Town of Chester:
Deputy Court Clerk
Deputy Town Clerk (2)
In the Town of Cornwall:
Deputy Town Clerk (2)
In the Town of Crawford:
Deputy Tax Collector
Deputy Town Clerk
In the Town of Deerpark:
Deputy Tax Collector
Deputy Town Clerk (2)
In the Town of Goshen:
Deputy Town Clerk*
In the Town of Greenville:
Deputy Town Clerk
In the Town of Hamptonburgh:
Deputy Town Clerk
In the Town of Highlands:
Deputy Town Clerk
Town Comptroller
*Indicates Part-Time
31
Appendix A - Positions in the Exempt Class (continued)
In the Town of Minisink:
Deputy Town Clerk
In the Town of Monroe
Assistant Court Clerk
Court Clerk
Deputy Town Clerk (2)
Secretary to Conservation Commission
Town Comptroller
In the Town of Montgomery:
Deputy Town Clerk (2)
In the Town of Mount Hope:
Deputy Town Clerk (2)
In the Town of New Windsor:
Deputy Town Clerk (3)
Town Comptroller
In the Town of Newburgh:
Deputy Town Clerk (2)
In the Town of Tuxedo:
Deputy Town Clerk
In the Town of Wallkill:
Confidential Secretary to Commissioner of Public Works
Deputy Town Clerk
Town Comptroller
In the Town of Warwick:
Deputy Commissioner of Public Works (2)
Deputy Town Clerk (2)
In the Town of Wawayanda:
Deputy Town Clerk
In the Town of Woodbury:
Deputy Town Clerk (2)
*Indicates Part-Time
32
Appendix A - Positions in the Exempt Class (continued)
Village Service:
In all offices and departments where the following positions exist:
Acting Police Justice
Clerk to Village Justice
Deputy Village Clerk
Deputy Village Clerk and Treasurer
Deputy Village Treasurer
Secretary to the Planning Board
Village Attorney
Village Treasurer
Village Treasurer and Tax Collector
In the Village of Walden:
Deputy Village Manager
School Districts and the Board of Cooperative Educational Services:
In all school districts where the following positions exist:
Census Takers
Executive Secretary to District Superintendent
Internal Claims Auditor (School)
School Attorney
School District Clerk
School District Treasurer
School Tax Collectors
In the Board of Cooperative Educational Services where the following positions exist:
Clerk (BOCES)
Executive Assistant to District Superintendent
Internal Claims Auditor (School)
Treasurer (BOCES)
Special Districts:
In all special districts where the following positions exist:
Attorney
Treasurer
Treasurer (Fire Districts) (if appointed)
In the Kiryas Joel Housing Authority:
Executive Director, Kiryas Joel Housing Authority
In the Orange County Soil and Water Conservation District:
Secretary to Soil and Water Conservation Board
*Indicates Part-Time
33
Appendix B
Positions in the Non-Competitive Class
In all Civil Divisions where the position exists:
Section 55a - Not to exceed seven hundred (700) positions, with duties which can be
performed by physically or mentally disabled persons who are found qualified to satisfactorily
perform the duties of the positions, in the manner prescribed in Section 55a of the Civil Service
Law. At least three hundred (300) of such positions shall be filled by persons who have been
certified as physically disabled. If no qualified physically disabled persons have applied for such
positions, the municipal civil service commission may fill those unfilled positions with qualified
mentally disabled persons.
Positions designated as confidential or policy-influencing in the Non-Competitive Class are
excluded from tenure protection under Section 75 of the Civil Service Law. They shall be so
designated in Appendix B by notation of (e).
In County Service and at Orange County Community College:
In all departments where the following positions exist:
Assessors (e)
Account Clerks*
Automotive Mechanics
Building Maintenance Mechanics
Building Service Workers III
Clerks I*
Clerks II*
Couriers
Engineering Equipment Operators I
Engineering Equipment Operators II
Groundskeepers
Heavy Motor Equipment Operators
Interns (Seasonal)
Licensed Practical Nurses
Lifeguards (Seasonal)
Lifeguard Supervisors (Seasonal)
Maintenance Carpenters I
Maintenance Carpenters II
Maintenance Carpenters III
Maintenance Electricians
Maintenance Plumbers
Micrographics Clerks
Micrographics Clerk Trainees
Motor Equipment Operators I
Motor Equipment Operators II
Principal Account Clerks*
Receptionists*
Registered Professional Nurses
*Indicates Part-Time
34
Appendix B - Positions in the Non-Competitive Class (continued)
Secretaries*
Senior Account Clerks*
Senior Automotive Mechanics
Senior Building Maintenance Mechanics
Senior Building Service Workers
Senior Clerks*
Senior Lifeguards (Seasonal)
Senior Maintenance Electricians
Skilled Laborers
Stockroom Helpers
Telephone Operators I*
Typists I*
Typists II*
In the Office for the Aging:
Assistant Cooks I
Assistant Director, Office for the Aging (e)
Cooks I
Director, Office for the Aging (e)
Site Managers-Nutrition Program
In the Department of Consumer Affairs:
Commissioner of Consumer Affairs (e)
In the Office of the County Clerk:
Motor Vehicle Clerks*
Reproduction Technicians
Reproduction Technician Trainees
In the County Executive's Office:
County Youth Bureau Director (e)
Employment and Training Director (e)
Risk Management Officer (e)
In the Office of the District Attorney:
Career Criminal Unit Coordinators
Criminal Investigators
Law Clerks (Seasonal)
Senior Criminal Investigator (e)
In the Department of Emergency Services:
Assistant Fire Training Center Managers*
In Employment and Training Administration:
Junior Counselors (Seasonal)
Lead Counselors (Seasonal)
*Indicates Part-Time
35
Appendix B - Positions in the Non-Competitive Class (continued)
In the Department of Finance:
Director, Real Property Tax Services (e)
In the Health Department:
Deputy Medical Examiner (e)
Home Health Aides
Medical Examiner (e)
Senior Public Health Educators*
In the Historian's Office
County Historian (e)
In the Department of Law:
Law Clerks (Seasonal)
In the Department of Mental Health:
Fee Negotiators*
In the Orange County Community College:
Campus Security Guards*
Electrician's Assistant
Grounds Maintenance Workers
Pool Maintenance Assistant
In the Department of Parks, Recreation and Conservation:
Horticultural Supervisor
Park Attendants
Park Maintenance Leaders
Park Maintenance Mechanics
Recreation Leaders - Seasonal
Recreation Specialists - Seasonal
Ski Patrol Director - Seasonal
Ski School Director - (Seasonal)
In the Department of Public Works
Airport Maintenance Mechanics
Airport Service Attendants
Assistant Highway Supervisors
Assistant Sanitary Landfill Supervisors
Building Construction Supervisors
Director of Aviation (e)
Director of Facilities (e) Approved until first vacated after 11/19/07
Heavy Equipment Mechanics
Security Guards
Senior Airport Service Attendants
Senior Garage Attendant
Weighing Station Operators
Welders
*Indicates Part-Time
36
Appendix B - Positions in the Non-Competitive Class (continued)
In the Department of Residential Health Care Services:
Admissions Assessor
Assistant Admissions Assessor
Assistant Cooks II
Cooks II
Hairdressers
Health Services Assistant
Nursing Assistants
Personal Services Assistant
Pharmacists*
Senior Groundskeeper
Senior Nursing Assistants
Staff Nurses (RN)
Tailor
In the Sheriff's Department
Corrections Administrator (e)
Program Integrity Officer (e) (2)
In the Department of Social Services:
Commissioner of Social Services (e)
Deputy Commissioner of Social Services (e)
In the Veterans Service Agency:
Cemetery Superintendent (e)
Deputy Directors, Veterans Services (e)
Director, Office of Veterans Services (e)
Senior Deputy Director, Veterans Services (e)
* Indicates part-time
37
Appendix B - Positions in the Non-Competitive Class (continued)
In all Towns and Villages where the following positions exist:
Account Clerks*
Account Clerks - Seasonal
Account Clerk Typists*
Administrative Aides*
Animal/Dog Control Officers
Assessors (e)
Assessor's Clerks*
Assessor's Clerk Trainees*
Assistant Assessors*
Assistant Building Inspectors III*
Assistant Cooks
Assistant Court Clerks*
Assistant Public Works Supervisors
Assistant Receiver of Taxes and Assessments (if appointed)*
Assistant Recreation Directors*
Assistant Voting Machine Custodians*
Assistant Water Safety Instructors (Seasonal)
Automotive Mechanics
Automotive Mechanic's Helpers
Billing Control Clerk*
Bookkeeper*
Building Inspectors III*
Building Maintenance Mechanics
Bus Drivers
Camp Health Directors (Seasonal)
Chauffeurs
Clerks*
Clerks - Seasonal
Clerks of the Works (Temp)
Code Enforcement Officers*
Constables*
Cooks
Couriers
Court Attendants*
Court Clerks*
Data Entry Operators*
Deputy Assessors (PT) - Seasonal
Deputy Registrar of Vital Statistics*
Dispatchers*
Electricians
Fire Alarm Electricians*
Fire Inspectors*
Fire Truck Maintenance Workers
Groundskeepers
*Indicates Part-Time
38
Appendix B - Positions in the Non-Competitive Class (continued)
Head Automotive Mechanics
Heavy Equipment Operators
Interns (Seasonal)
Janitors*
Library Clerks*
Library Clerk/Typists*
Lifeguards - Seasonal
Lifeguarding Instructors (Seasonal)
Maintenance Carpenters
Meter Readers*
Motor Equipment Operators
Municipal Bingo Inspectors*
Painters
Park Attendants
Park Maintenance Supervisors*
Parking Enforcement Officers*
Police Matrons*
Police Officers*
Public Works Maintenance Workers
Purchasing Clerks*
Real Property Data Collectors*
Receiver of Taxes and Assessments (if appointed)*
Records Retention Clerks*
Recreation Aides
Recreation Coordinators*
Recreation Directors*
Recreation Leaders*
Recreation Specialists*
Recreation Supervisors*
Registrars of Vital Statistics*
Reservoir Caretakers
Secretary Zoning Board of Appeals*
Senior Automotive Mechanics
Senior Citizens Activity Leader*
Senior Library Clerks*
Senior Lifeguards - Seasonal
Senior Motor Equipment Operators
Senior Typists*
Senior Wastewater Maintenance Mechanics
Senior Wastewater Maintenance Workers
Senior Water & Wastewater Maintenance Mechanics
Senior Water Maintenance Workers
Site Managers - Nutrition Program
Skilled Laborers
Street Crossing Guards
*Indicates Part-Time
39
Appendix B - Positions in the Non-Competitive Class (continued)
Town Engineers*
Town Health Officers* (e)
Town Historians*
Traffic Guards*
Typists*
Village Assessors (e)
Village Engineers*
Village Health Officers* (e)
Village Historians*
Voting Machine Custodians*
Wastewater Maintenance Mechanics
Wastewater Maintenance Workers
Wastewater Treatment Plant Operators*
Water & Wastewater Administrators*
Water & Wastewater Maintenance Mechanics
Water & Wastewater Maintenance Workers
Water & Wastewater Maintenance Worker Trainees
Water Inspectors*
Water Maintenance Leaders
Water Maintenance Workers
Water Meter Readers and Repairpersons*
Water Safety Aides (Seasonal)
Water Safety Directors (Seasonal)
Water Safety Instructors (Seasonal)
Water Treatment Plant Operators*
Working Leaders
Working Supervisors (Parks)
In the Town of Cornwall:
Assistant Leader - Sanitation Department
Sanitation Department Drivers
In the Town of Deerpark:
Police Sergeant* – until first vacated after 09/17/07
In the Town of Highlands
Chief Wastewater Treatment Plant Operator*
Sanitation Department Drivers
In the Town of Monroe:
Head Bus Driver (Dial-A-Bus Program)
In the Town of Newburgh:
Commissioner of Public Works (e)
Senior Groundskeeper
Welder
*Indicates Part-Time
40
Appendix B - Positions in the Non-Competitive Class (continued)
In the Town of Tuxedo:
Project Coordinator
In the Town of Wallkill:
Parts Attendant
Welder
In the Town of Warwick:
Head Bus Driver (Dial-A-Bus Program)
In the Town of Waywayanda:
Park Superintendent*
In the Town of Woodbury:
Senior Groundskeeper
In the Village of Chester (under 5000 population):
Building Inspector III/Custodial Worker
Village Street Superintendent
Water Treatment Plant Operators
Water Treatment Plant Operator Trainee
In the Village of Cornwall (under 5000 population):
Assistant Leader
Superintendent of Public Works/Building Inspector III/Code Enforcement Officer
Village Public Works Superintendent
Water Treatment Plant Operators
Water Superintendent
In the Village of Florida (under 5000 population):
Public Works Supervisors
In the Village of Greenwood Lake (under 5000 population):
Building Inspector III
Navigational Assistants (SL)
Senior Navigation Assistant
Water Superintendent
Water Treatment Plant Operators
In the Village of Harriman (under 5000 population):
Village Public Works Superintendent
Water Superintendent
*Indicates Part-Time
41
Appendix B - Positions in the Non-Competitive Class (continued)
In the Village of Highland Falls (under 5000 population):
Assistant, Federal Code Enforcement Program
Assistant Housing Rehabilitation Specialist
Chief Wastewater Treatment Plant Operators
Housing Rehabilitation Specialist*
Parking Enforcement Officer
Public Works Supervisors
Section 8 Coordinator
Video Camera Operator
Village Streets Superintendent
Wastewater Treatment Plant Operators
Water and Sewer Administrator
Water Treatment Plant Operators
In the Village of Kiryas Joel:
Head Bus Drivers (Kiryas Joel)
In the Village of Maybrook (under 5000 population)
Chief Water and Sewer Treatment Plant Operator
Village Public Works Superintendent
Water and Wastewater Treatment Plant Operator
In the Village of Monroe:
Public Works Supervisor (1) until first vacant after June 30, 2006
Water Plant Assistants
In the Village of Montgomery (under 5000 population):
Chief Water and Wastewater Treatment Plant Operator
Village Public Works Superintendent
Village Street Superintendent
Wastewater Treatment Plant Operator
Water and Wastewater Treatment Plant Operator
Water Treatment Plant Operators (B)
In the Village of Otisville (under 5000 population):
Village Public Works Superintendent
In the Village of Tuxedo Park (under 5000 population):
Building Inspector III/Code Enforcement Officer*
Traffic Guards
Village Public Works Superintendent
Water and Wastewater Treatment Plant Operators
In the Village of Walden:
Public Works Supervisor (1) until first vacated after June 30, 2006
In the Village of Warwick:
Public Works Supervisor (1) – until first vacated after June 30, 2006
*Indicates Part-Time
42
Appendix B - Positions in the Non-Competitive Class (continued)
In the Village of Washingtonville:
Public Works Supervisor (1) until first vacated after June 30, 2006
School Districts and the Board of Cooperative Educational Services:
In all School Districts and BOCES where the following positions exist:
Account Clerks*
Assistant Building Maintenance Mechanics
Assistant Cooks
Audio Visual Repairpersons
Automotive Mechanics
Automotive Mechanic's Helpers
Building Maintenance Mechanics
Building Maintenance Mechanic/School Bus Drivers
Cashiers*
Clerks*
Clerks of the Works (Temp)
Cooks
Cook Managers
Couriers
Custodial Workers-Bus Drivers
Electricians
Grounds Equipment Mechanics
Groundskeepers
Head Automotive Mechanics
Head Bus Drivers
Head Maintenance Workers
Library Clerks*
Lifeguards
LPNs (School)
Maintenance Carpenters
Maintenance Helpers
Maintenance Painters
Maintenance Workers
Painters
Payroll Clerks*
Physical Therapists*
Plumbers
Pool Maintenance Operators
Registered Professional Nurses (School)
Reproduction Services Clerks*
*Indicates Part-Time
43
Appendix B - Positions in the Non-Competitive Class (continued)
School Districts and the Board of Cooperative Educational Services - continued
School Bus Dispatchers*
School Bus Driver/Food Service Helpers
School Bus Driver/School Monitors
School Bus Drivers
School Physicians*
Senior Account Clerk/Typists*
Senior Automotive Mechanics
Senior Building Maintenance Mechanics
Senior Food Service Helpers
Senior Groundskeepers
Senior Library Clerks*
Senior School Monitors
Sign Language Interpreters
Stockroom Helpers
Student Interns (Seasonal)
Teacher Aides
Telephone Operators*
Typists*
In the Board of Cooperative Educational Services:
Asbestos Workers
Audio Visual Repairpersons
Child Care Aides
Health & Safety Coordinator (approved until first vacated after 02/01/1994)
Interscholastic Athletic Coordinator (approved until first vacated after 02/27/1997)
Film Inspectors
Micrographic Clerks (BOCES)
Special Districts:
In all special districts where the following positions exist:
Account Clerks*
Automotive Mechanics
Building Maintenance Mechanics
Custodians*
Fire Alarm Electricians*
Fire Truck Maintenance Workers
Janitors*
Librarians I*
Librarians II (Children's Services)*
Library Clerks*
Library Clerk/Typists*
Maintenance Carpenters
Senior Fire Truck Maintenance Workers
Senior Library Clerks*
Student Interns (Seasonal)
*Indicates Part-Time
44
Appendix B - Positions in the Non-Competitive Class (continued)
Special Districts - continued
In the Orange County Soil and Water Conservation District:
Conservation District Educator (for present incumbent only)
Conservation District Manager (for present incumbent only)
Conservation District Technician (for present incumbent only)
*Indicates Part-Time
45
Appendix C
Labor Class
In all county, towns, villages, special districts and school districts where the following positions exist
and at Orange County Community College:
Animal Shelter Helpers
Building Service Workers I
Building Service Workers II
Cleaners
Copy Aides
Custodial Workers
Food Service Helpers
Food Service Helpers-Custodial Workers
Food Service Helper/School Monitors
Garage Attendants
Laborers
Laborers I
Laborers II
Laundry Workers
Occupational Therapy Aides
Pages
Parking Lot Attendants*
Physical Therapy Aides
Recreation Attendants
Recycling Center Attendants
School Bus Monitors
School Monitors
Student Tutors
Wardrobe Aides
Wastewater Plant Attendants
Watchguards*
Watchguards
Water and Wastewater Plant Assistant
*Indicates Part-Time
46
Appendix D
Unclassified Service
COUNTY SERVICE:
Chairman (County Legislature)
Clerk of the Legislature
Commissioners of Election (2)
Commissioner of Emergency Services
Commissioner of Finance
Commissioner of General Services
Commissioner of Health
Acting Commissioner of Health
Commissioner of Human Resources
Commissioner of Information Technology
Commissioner of Mental Health
Commissioner of Parks, Recreation and Conservation
Commissioner of Planning
Commissioner of Public Works
Commissioner of Residential Health Care Services
County Clerk
County Executive
Deputy Clerk of the Legislature (2)
District Attorney
Employees of Board of Elections
Legislative Aide
Legislative Counsel
Legislative Secretary (2)
Legislators (20)
Members of Boards and Commissions authorized by law
Sheriff
ORANGE COUNTY COMMUNITY SERVICE:
All positions as certified by the Board of Trustees in accordance with the provisions of Section
35(i) of the Civil Service Law.
*Indicates Part-Time
47
Appendix D- Positions in the Unclassified Service (continued)
TOWN SERVICE:
In all Offices and Departments where the Following Positions Exist:
Assessor (if elected)
Chairman Planning Board
Councilmen
Justice of the Peace
Members of Boards and Commissions authorized by law
Receiver of Taxes and Assessments (if elected)
Supervisor
Tax Collector
Town Clerk
Town Superintendent of Highways (if elected)
In the Town of Cornwall:
Highway Superintendent (if appointed)
In the Town of Highlands:
Highway Superintendent (if appointed)
In the Town of Newburgh:
Commissioner of Parks, Recreation & Conservation
Highway Superintendent (if appointed)
In the Town of Wallkill
Commissioner of Public Works
In the Town of Warwick:
Commissioner of Public Works
VILLAGE SERVICE:
In all Offices and Departments where the Following Positions Exist:
Mayors
Members of Boards and Commissions authorized by law
Trustees
Village Clerks
Village Clerks and Treasurers
Village Clerks and Tax Collectors
In the Village of Walden:
Village Manager
SPECIAL DISTRICTS:
In all Offices and Departments where the Following Positions Exist:
Commissioners
Members of Boards
Secretary (Fire Districts)
Secretary/Treasurer (Fire Districts)
Treasurer (Fire Districts) (if elected)
*Indicates Part-Time
48
Appendix D- Positions in the Unclassified Service (continued)
SCHOOL DISTRICT SERVICE:
Section 35(g) all persons employed by any title whatsoever as members of the teaching and
supervisory staff of a school district, board of cooperative educational services or county vocational
education and extension board, as certified to the state commission by the commissioner of
education. The commissioner of education shall prescribe qualifications for appointment for all
classes of positions so certified by him, and shall establish specifications setting forth the
qualification of and the nature and scope of the duties and responsibilities of such positions.
Section 35 (h) all persons, other than persons under paragraph (g) of this section whose principal
functions are teaching or the supervision of teaching in a public school, academy or college or in
the state university.
Appendix E
Emergency Defense Positions
Town Service:
Director of Civil Defense
*Indicates Part-Time
49